CHAPTER XV. Graces. Solemn contract between Charles I. and his Irish Roman Catholic subjects. Faithfully fulfilled by the Irish. Perfidiously violated by Charles. "Timeo Danaos, et dona ferenies." IN page 54 I have slightly glanced at the "graces" as they are incorrectly termed by all the writers of Irish history, during the reign of Charles I. They require further development, as they form a very important item at that period-but although repeatedly referred to and discussed, they are no where to be found fully detailed, except in lord Strafford's letters, where they are given at full length. These "graces" merely meant the removal of various grievances, some of them highly oppressive, under which the nation had long groaned. Not one of them, in strict parlance, could, with propriety, be styled a a grace" or favour. They were were all mere acts of justice. 66 However, the Irish as a premium for them, had pledged themselves to remit 150,000 pounds* which they had loaned to the king, and to furnish three subsidies, each of 40,000 pounds in the three succeeding years. This was as fair a contract as was ever made, and was religiously carried into effect by the Roman Catholics. "The humble petition of your majesty's subjects, appointed agents to prefer certain humble requests and petitions to your highness, in the behalf of your kingdom of Ireland, "Humbly sheweth : "That your majesty's suppliants did, in behalf of your subjects of Ireland, offer unto your majesty to remit and release unto your highness 150,000l. or thereabouts, already borrowed from them, or paid to your majesty's army there; and further to grant three subsidies, to be paid in the next three years, which humble offers your petitioners are now duly authorized to make; as also to present certain humble requests to your highness, according to the instructions given them of your majesty's faithful subjects of your kingdom of Ireland; which offers, though they do not extend to that greatness as from your highness's other more flourishing kingdoms, may be expected, yet, considering the state and poverty of the said kingdom, they are as much as the subjects are possibly able to afford at this time."5427 Charles evaded the performance of his part of the contract by the following disgraceful manœuvre. 127 Rushworth, II. 17. The graces were to be digested by the Irish parliament into acts which were to be ratified in the usual form, by the British privy council. Lord Faulkland, the then Irish deputy, accordingly summoned a parliament to meet for the purpose of carrying the contract into effect: but, by two acts, passed under Henry VIII. and Elizabeth, it was ordained that no parliament should be held in Ireland, without "license obtained of his majesty, under the great seal of England;" and with this formality lord Faulkland had not complied, very probably as Leland intimates,* by collusion between the monarch and his deputy. The privy council of England, determined not to waive any of their privileges, applied to the bench of judges for their opinion on the subject, who pronounced the summons illegal and void.f The laxity of the early writers or compilers of history on the subject of dates, renders it difficult to fix the chronology of these facts with accuracy. It shall be done as far as practicable. The commission to the Irish agents who carried on the negotiation, is dated August, 1627; and they arrived in London in September of that year. The negotiation probably lasted two months. I cannot find the date * At every step of our progress through the Irish history, we have to lament and censure the disingenuousness of the writers-the suppressio veri-the lenity they extend to the oppressors of Ireland, and the severity with which they animadvert on the guilt, real or supposed, of the Irish. This is a striking case. Charles, we have seen, made a fair contract with his Irish subjects. They honourably performed their part. An informality prevented his immediate compliance. That informality it was in his power to remove, in the manner stated in the text and his failure to adopt this measure, was as base and as fraudulent, as it would have been for a private person, who had sold a house, or a piece of land, and received the price, to refuse to make the deed, or convey the property. And how does Leland record this shameful fact? Why he smoothly informs us, that "the king's sin+cerity appeared at least suspicious."48 And further: "The king stood engaged, that his graces should be confirmed by a law of parliament: and the insincerity of his professions was not yet completely disco. vered."429 Had such a transaction taken place on the part of the Irish, all the powers of language would have been exhausted to brand them with infamy. ↑ Extract from the Opinion of the Judges. "We have taken into our consideration, the lord deputy's commission, wherein he hath power given him to summon the parliament; ⚫ but that is limited to be according to the laws, statutes, and customs of that kingdom, and with the king's consent first had, and not otherwise; which hath not been observed in the summons of this intended parliament, in any of the points before-mentioned; and therefore this summons, notwithstanding that power, is illegal and void."430 428 Leland, II. 570. 459 Idem, III. 3. 430 Rushworth, II. 20, of Lord Faulkland's summons; but the parliament was to have met in November, 1628. The opinion of the judges is dated, "Sergeant's Inn, October 2, 1628;" and the vote of the privy council against the meeting of the parliament, which does not appear in Rushworth, probably issued immediately. But instead of the promised, the dearlypurchased graces, lord Faulkland, early in the following year, issued a most outrageous proclamation, commanding all the priests, monks, and friars to disperse themselves, and to give up their convents, colleges, monasteries, and other places where they collegiately or conventually assembled!!!* of which the substance may be seen in page 36. The sacrilegious burglary which has been detailed in page 34, and which took place in 1629, arose from, and was a natural consequence of, this proclamation, which was obviously intended to lead to such consequences, and to the depredations subsequently perpetrated throughout the kingdom, on the chapels and other religious establishments of the Catholics. That this whole affair is as complete an exemplification of the Punica fides as history can produce, will scarcely be denied by any candid man in Christendom. That it was a collusion on the part of the monarch, is reduced as near to certainty as is possible. But be that as it may, the conduct of Charles is not susceptible of justification or apology. Had he been sincerely disposed to perform his engagements, as a man of honour, the error, whether wilful or inadvertent, might have been remedied instantly. A new summons might have been issued the same day on which the privy council interposed its veto, and the promised graces" might have received the due sanction with all the necessary forms. But the perfidious monarch was so far from performing this imperious act of justice, by summoning a parliament immediately, that none was held for about six years afterwards. 46 I annex some of the principal "graces," that the reader may judge how moderate were the requisitions of the Irish-and how wicked and unjust was the evasion of compliance on the part of the monarch. The objections on the right hand were made by Strafford, in a communication to the king, anno 1634, as reasons for rejecting those sixteen, some of which are by far the most important of the whole, particularly the 25th. "The subjects of that our realm are to be admitted to sue their liveries, ouster-le-maines, and other 15th. "Your majesty lost by this article six thousand pounds a year in your court of wards; and by *No language can be too strong to mark the infamy of this transaction. Scores of malefactors have expiated in gallies or on gibbets, crimes of inferior turpitude! Instead of the fulfilment of the contract, and the concession of the stipulated justice, they are repaid for their enormous contributions by a barbarous and antichristian persecution, and their churches sacrilegiously plundered, seized, and some of them razed to the ground! and this, it can never be too often repeated, in lord Clarendon's millenium! grants depending on our court of this time, if this article had not I,A. B. do truly acknowledge, profess, testify and declare in my conscience, before God and the world, that our sovereign lord king Charles is lawful and rightful king of this realm, and of other his majesty's dominions and countries. And I will bear faithful and true allegiance to his majesty, his heirs and successors, and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever, which shall be made against his or their crown and dignity, and do my best endeavour to disclose and make known unto his majesty, his heirs or successors, or to the lord deputy or other governors for the time being, all treasons and traiterous conspiracies, which I shall know or hear to be intended against his majesty, or any of them. And I do make this recognition and acknowledgment heartily, willingly and truly, upon the true faith of a Christian. So help me God."431 16th. All compositions in the court of wards, alienations made bonâ fide for valuable considerations, intrusions, premier seisins, ousterle-mains and liveries are to be reduced and limited to the eighth part of the true value of the lands and hereditaments so to be compounded for; and all wardships and custodies of lands during the minority of our wards, are to be moderately valued according to the discretion of the judges of that court. Provided, that if any alienation shall be made, whereby we shall be prevented of premier seisin, and relief and of wardship, "We do not judge it fit that your majesty should pass this into a law, or that under colour of this grace, your officers and ministers of the court of wards should be restrained from making just improvements upon that branch of your majesty's revenue, that in their judgment and conscience they take to be equal and indifferent. And so unfit it is to be passed as a law, as it is advised, it may not continue as an instruction, so extreamly prejudicial it is to the crown, in regard of the abatements it may beget in those improvements which may be justly rais 431 Strafford, I. 317. ed by your majesty's officers for your just advantage." and that sufficiently proved, in all such cases our said court of wards is not to be restrained to the limitation of the rates of the alienations, as aforesaid; but our officers of the same are to impose such reasonable rates and values as may recompense us in some measure of those duties and profits, which otherwise should have accrued unto us, if no alienation to uses had been made." 17th. "Our court of wards is not to make any enquiry further than to the last deceased ancestor, except ît be by special direction from us." "We may not by any means advise that this may pass for a law." 18th. "Not to pass into a law, but to be recommended to the court of wards, that the benefit of this grace may be gathered by the subjects according to the purport and intent thereof." "All escheators and feodaries are to be specially directed, where any freeholder's estate in land doth not exceed the worth of five pounds English yearly in the true improved value, to return the of fices taken of such lands into the proper courts without charge to the subject, or other fees to any court or officer, save only ten shillings to the officer that shall take and return the office; but no charge is to be set upon the said lands, nor any process to issue upon the said inquisitions, but only for our reliefs due upon their tenures. Provided that if any such freeholder have the value of one hundred marks English, in chattels real, or offices, then this grace is not to be extended to him, although his estate in lands be under five pounds per annum.” 19th. "Not to be passed as a law, but fit to be recommended to the care of the court of wards, that matters may be so carried as your majesty may not be prejudiced in your tenures nor any just occasion of complaint given to your subjects." "In general leading cases, that court is to be regulated according to the laws and courses practised here in England, whereof our judges here shall deliver their opinions, if it shall be desired. And our judges of that court there are to nominate some of the best quality of the several counties to be joined in commission with the feodary or escheator to take inquisi tions."488 24th. For the better settling of our subjects' estates in that kingdom, we are pleased that the like act of grace shall pass in the next parliament there touching the limitation of our titles not to extend "This being passed into a law will hinder the effects of advantage to your majesty, which, with great reason and justice are expected from the commission of grace now by your goodness on foot 432 Strafford, I. 318. |
